California Court of Appeal

In an action where properly noticed plaintiffs failed to appear for trial because their attorney miscalendared the date, where the court granted judgment of $0 to the appearing defendant after reviewing the entire file: 1) plaintiffs are not entitled to mandatory relief under Code of Civil Procedure section 473(b) because such a judgment is not a "dismissal" against plaintiffs for which mandatory relief applies; but 2) the matter is remanded to the trial court for its consideration of discretionary relief under section 473(b).

Appellate Information

• Decided 03/18/2014
• Published 03/18/2014

Judges

• BUTZ

Court

• California Court of Appeal

Counsel